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Hi I was wondering if any one can help. My mother in law has recently had an accident in her car. While driving home from our house she hit a pot hole and broke the rear axle of the car. This happened last Friday and after some poor service the insurance underwriters have said the fault is mechanical faliure and as such is not covered by the policy.

 

Can any one help?

 

What rights do we have in this, and how do they determine the difference between accidental damage and mechanical failure.

 

Can any one help us to get this sorted out?

 

Thanks very much for your help.

 

John

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Hello jjp.

 

Not quite as expensive as your mum's problem, but my husband punctured a car tyre when he drove through a puddle that turned out to be a pothole filled with water. It was raining and dark at the time.

 

Having talked to the local council's highways department, he had the tyre replaced and sent in the invoice and receipt. The council refunded the cost by cheque.

 

I don't know if the circumstances are exactly the same as yours, just mentioning our experience.

 

Good luck


Illegitimi non carborundum

 

 

 

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Hi John,

 

Ask the underwriters for an explanation of how the axle damage is due to mechanical failure. I understand in my head, but am struggling to explain the differenciation between accident and mechanical damage.

 

If you get the explanation and post it here, I will review again and hopefully be able to offer more help.

 

Thanks

Edited by INSURANCEGUY
typo

Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi John,

 

Ask the underwriters for an explanation of how the axle damage is due to mechanical failure. I understand in my head, but am struggling to explain the differenciation between accident and mechanical damage.

 

If you get the explanation and post it here, I will review again and hopefully be able to offer more help.

 

Thanks

We had a phone (after my email to the insurance company asking them for a written explanation of their finding) saying that they were going to send an independent assessor to look at the car but I have heard nothing since. I will let you know if and when I hear something. Thanks

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The council have a reponsibility to ensure the roads are in a good condition so if they don't re-imburse your out of pocket I would kick off BIG TIME!!! Good luck.

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The independent assessor has said it is repairable and they will pay £900, I have £250 excess to pay plus an extra £150+ for parts that aren't covered by the insurance. Could I contact them and ask them to scrap the car and pay me out? Someone has said you can do that, but I am not sure if you can and if so, how to go about it. I would value any help please. Thanks

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I can't remember what the parts are but insurance man said they had broken because of wear and tear.

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What are you doing????:eek:

 

Why are you claiming this off your own (mothers) insurance, resulting in increased future premiums and loss of NCB.

 

The answer was given earlier, a claim should have been submitted to the council, it was their responsibility.

 

If I was your insurer I would be asking the same questions, ESPECIALLY if you then look for a cash payout rather than repair.

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Insurance said it was not caused by hitting a pothole but mechanical failure but they will repair as I said in my last post, they paying £900 and me the rest

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